An old DWI that never went away.
N/AOUTCOME: Case Dismissed for Violating Client's Right to Speedy Trial
A client discovered he had a warrant for a DWI from 9 years earlier. The night of the alleged offense, during the traffic stop, police called EMS and he was taken to the hospital and eventually went ho ... me the next day without being arrested. Nevertheless, a report was generated and a warrant issued. For some reason, possibly confusion about his legal name, he was never arrested on the warrant even though he had been pulled over, renewed his license, traveled internationally, and had other contacts with law enforcement in the intervening years. After he turned himself in and got a personal bond, and we put his case on the docket, I filed a motion to dismiss for want of speedy trial. Even though the prosecution hadn't done anything to directly cause a delay in the Defendant's case, and even though the case was filed before the statute of limitations; by not arresting him on the outstanding warrant through multiple interactions with law enforcement, the State had rested on its rights and allowed them to expire. My client would have no reason to believe he had an outstanding court case after walking away from so many interactions with the state, and by delaying the start of proceedings, the State allowed critical evidence to our defense to be lost. The judge agreed that our case was prejudiced by the unreasonable delay, and that the State was at fault for not arresting him. The case was ordered dismissed for 6th Amendment speedy trial violations.